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PLANNING AND ZONING
ITEM DATE SUBMITTED BY
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cAsE NO. ANN-66-02
PALLERIA ANNEXATION
BEFORE THE HEARING EXAMINER
GITY OF CALDWELL, TDAHO
APRIL 4,2002
AN APPLICATTON BY SALLIE BRADSHAW PALLERIA TO ANNEX APPROXIMATELY 3.663AcREs lNTo rHE clrY oF cALDWELL AS AN R:ilstNGLE FAMuy nesrbeNTnL) zoNE.
TABLE OF CONTENTS:
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1.2
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COURSE OF PROCEEDINGS,
GENERAL FACTS,
TEST!MONY,
APPLICABLE LEGAL ANALYSIS,
coMPREHENStvE pLAN RruetVsls,
FINDINGS OF FACT,
CONCLUSIONS OF LAW,
RECOMMENDATION
COURSE OF PROCEEDINGS
The caldwell community Development Department issued a notice of public Hearing onapplication ANN-66-02, to be held
'before
tne'Hearint-Examiner on April 4, 2ooz. public noticerequirements set forth..i1 tdaho code, Chapter 65, Lo"cal itanning Act, were met. on March 20,2002notice.waspuutisn,andonMarch15,2oo2noticewas
mailedtoallpropertyownerswitnin@ctsite;and,onMarch28,2oo2notice
was posted on the site.
Files and exhibits relative ^to this application will be available for review in the CommunityDevelopment Department, caldwett iity Hall, as wellas all public hearings.
GENERAL FACTS
APPLICANT: Sallie Bradshaw Palleria 2511 Dorman Avenue, Caldwell, ldaho g3607.
OWNER: Same
REQUEST: To annex six parcels of land comprising 3.663 acres (see A-3) into the City with anR-1 (Single Family Residential) zoning designation]rn" Applicant states that they believe thisannexation pursuit would be mutually advintageous to tirbm and tne citv. Additionally, theapplicant wishes to connect these properties to-city sewer and water. The fiarcels are locatedwithin the city's Area of lmpact and'are contigious to tne city limits.
!gglTl,o,N: The parcels are located on the south side of Linden Street at the intersectionMarshall Avenue. (see location map)
LEGAL DESCRIPTION: Parcel 1 - This parcel is a portion of the w %NE%NW % of section 33, Township 4North' Range 3 west of ttre Boise Meridian, i"nyon county, ldaho and is more particularly described as follows:
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COMMENCINC at tnthwest corner of said W % NE % NW ,, ,n#" South 00" 43' 11'West along the west
boundary of said W % NE %NW % a distance of 152.95 feet;thence South 89o 25'50" East parallelwith the north
boundary of said W % NE % NW % a distance of 35.00 feet to the TRUE POINT OF BEGINNING; thence North 00'
43' 11" East parallel with the west boundary of said W % NE %NW % a distance of 100.00 feet; thence along a curve
to the right having a central angle of 89' 51' 54", a radius of 20.00 feet, an arc length of 31.37 feet, and a long chord
which bears North 45" 38' 33" East a distance of 28.25 feet; thence South 89" 25' 50" East parallel with the north
boundary of said W % NE %NW % a distance of 291.84 feet to a point on the centerline of a drain ditch as it now
exists; thence traversing said centerline as follows: South 05' 10' 22" West a distance of 22.24 feet; South 28" 06'50"
West a distance of 110.28 feet; thence leaving said centerline and bearing North 89'25'50" West parallel with the
north boundary of said W % NE %NW % a distance ot 259.32 feet to the TRUE POINT OF BEGINNING.
Parcel2- This parcel is a portion of the W %NE % NW % of Section 33, Township 4 North, Range 3 West of the
Boise Meridian, Canyon County, ldaho and is more particularly descrlbed as follows:
COMMENCING at the northwest corner of said W % NE % NW /o;lhence South 00' 43' 11" West along the west
boundary of said W % NE %NW % a distance of 152.95 feet;thence South 89' 25' 50" East parallelwith the north
boundary of said W % NE %NW % a distance of 35.00 feet to the TRUE POINT OF BEGINNING; thence continuing
South 89" 25' 50" East a distance of 259.32 feet to a point on the centerline of a drain ditch as it now exists; thence
traversing said centerline as follows: South 28o 06' 50" West a distance of 68.60 feet; South 16' 27' 35" West a
distance of 72.97 feet; thence leaving said centerline and bearing North 89' 25' 50" West parallel with the north
boundary of said W % NE %NW % a distance of 151.45 feet; thence along a curve to the left having a central angle
of 55'33'39", a radius of 60.00 feet, an arc length of 58.18 feet, and a long chord which bears North 46" 40'59"
West a distance of 55.93 feet; thence along a curve to the right having a central angle of 76 12'29", a radius of
20.00 feet, an arc length of 26.60 feet, and a long chord which bears North 37" 42' 45" West a distance of 24.68 feet;
thence North 00' 43' 11" East parallel with the west boundary of said W % NE %NW % a distance of 73.66 feet to the
TRUE POINT OF BEGINNING.
Parcel 3- This parcel is a portion of the W %NE % NW % of Section 33, Township 4 North, Range 3 West of the
Boise Meridian, Canyon County, ldaho and is more particularly described as follows:
COMMENCING at the northwest corner of said W % NE % NW loi thence South 00" 43' 11" West along the west
boundary of said W % NE %NW % a distance of 435.50 feet to the TRUE POINT OF BEGINNING; thence South 89"
16'48" East a distance of 210.00 feet; thence North 20'08'29" East a distance of 58.62 feet;thence North 08' 10'
23" East a distance ot 92.40 feet; thence North 16" 27'35" East a distance of 5.49 feet; thence North 89'25'50'
West parallel with the north boundary of said W % NE %NW % a distance of 151 .45 feet; thence along a curve to the
right having a central angle of 145' 18'21", a radius of 60.00 feet, an arc length of 152.16 feet, and a long chord
which bears South 53' 45' 04" West a distance of 114.54 feet to a point on the west boundary of said W % NE % NW
%; thence South 00' 43' 11" West along said west boundary a distance of 82.91 feet to the TRUE POINT OF
BEGINNING.
Right-of-way Parcel- This parcel is a portion of the W %NE% NW % of Section 33, Township 4 North, Range 3 West
of the Boise Meridian, Canyon County, ldaho and is more particularly described as follows:
COMMENCING at the northwest corner of said W % NE %NW %; thence South 00o 43' 11" West along the west
boundary of said W % NE %NW % a distance of 25.00 feet to the TRUE POINT OF BEGINNING; thence South 89'
25' 50" East parallel with the north boundary of said W % NE % NW % a distance of 347.41 feet to a point on the
centerline of a drain ditch as it now exists; thence South 05' 10' 22" West along said centerline a distance of 8.03
feet; thence North 89' 25' 50" West parallel with the north boundary of said W % NE %NW % a distance of 291.84
feet; thence along a curve to the left having a central angle of 89' 51' 54", a radius of 20.00 feet, an arc length of
31.37 feet, and a long chord which bears South 45" 38' 33" West a distance of 28.25 feet; thence South 00" 43' 11"
West parallel with the west boundary of said W % NE %NW % a distance of 173.66 feet; thence along a curve to the
left having a central angle of 76 12'29", a radius of 20.00 feet, an arc length of 26.60 feet, and a long chord which
bears South 37" 42'45' East a distance of 24.68 feet; thence along a curve to the right having a central angle of 200"
52' 04", a radius of 60.00 feet, an arc length of 210.35 feet, and a long chord which bears South 25' 58' 14" West a
distance oI 118.02 feet to a point on the west boundary of said W % NE %NW /"; thence North 00'43' 11" East
along said west boundary a distance of 327.59 feet to the TRUE POINT OF BEGINNING.
Parcel 4 - This parcel is a portion of Lol24 of Wood's Acreage on file in Book 1, Page 29, Office of the Recorder,
Canyon County, ldaho situated in the NW % NW % of Section 33, Township 4 North, Range 3 West of the Boise
Meridian, Canyon Coung, ldaho and is more particularly described as follows:
COMMENCING at the northeast corner of said Lol24; thence South 00" 43' 11" West along the east boundary of
said Lot 24 a distance of 28.05 feet to the TRUE POINT OF BEGINNING; thence continuing South 00' 43' 11" West
along said east boundary a distance of 1125/5 feet; thence North 89" 24' '10" West parallel with the south boundary of
said Lot 24 a distance of 147.95 feet;thence North 00' 43' 11" East parallelwith the east boundary of said Lot24 a
distance of 145.47 feet; thence South 89" 24' 54" East parallelwith the north boundary of said Lot24 a distance of
127.9O feet; thence along a curve to the right having a central angle of 90" 08'06", a radius of 20.00 feet, an arc
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tength of 31.40 feet, il, ,onn chord which bears South 44 2l'SZe"t a distance of 28.32feet to the TRUE
POINT OF BEGINNING.
Parcel 5 - This parcel is a portion of Lot 24 of Wood's Acreage on file in Book 1, Page 29, Office of the Recorder,
Canyon County, ldaho situated in the NW % NW % of Section 33, Township 4 North, Range 3 West of the Boise
Meridian, canyon county, ldaho and is more particularly described as follows:
COMMENCING at the northeast corner of said Lot24; thence South 00o 43' 11" West along the east boundary of
said Lot 24 a distance of 153.50 feet to the TRUE POINT OF BEGINNING; thence continuing South 00'43' 11" West
along said east boundary a distance of 82.74 feet; thence North 89' 24' 10" West parallel with the north boundary of
said Lot 24 a distance oi lll.ssfeet; thence North 00' 43' 11" East parallel with the east boundary of said Lol24 a
distance of g2.74feet; thence South 8g. 24' 10" East parallel with the south boundary of said Lot24 a distance of
147.95 feet to the TRUE POINT OF BEGINNING.
Parcel 6-Thisparcel isaportion of Lol24of Wood'sAcreageonfileinBookl,Page2g,Officeof theRecorder,
Canyon County, ldaho situated in the NW % NW % of Section 33, Township 4 North, Range 3 West of the Boise
Meridian, canyon county, ldaho and is more particularly described as follows:
BEGINNING at the southeast corner of said Lot24;thence North 89" 24' 10" West along the south boundary of said
Lot24 a distance of 147.95 feet; thence North 00' 43' 11" East parallel with the east boundary of said Lol24 a
distance of 82.74 feet; thence South 89" 24' 10" East parallel with the south boundary of said Lot24 a distance of
147.gsfeet to a point on the east boundary of said Lol24: thence South 00' 43' 11" West along said east boundary a
distance ot 82.74 feet to the POINT OF BEGINNING.
Right-of-way Gift Parcel - This parcel is a portion of Lot24 of Wood's Acreage on file in Book-1, Page 29, Office of
tn6 Recorder, Canyon County, ldaho situated in the NW '/oNW loof Section 33, Township 4 North, Range 3 West of
the Boise Meridian, Canyon County, ldaho and is more particularly described as follows:
BEGINNING at the northwest corner of said Lot24; thence South 89" 24' 54" East along the north boundary of said
Lot 24 a distance of 61 0.28 feet to the northeast corner of said Lol24; thence South 00' 43' 11" West along the east
boundary of said Lot24 adistance of 28.05 feet; thence along a curve to the left having a central angle of 90' 08' 06",
a radius of 20.00 feet, an arc length of 31.46 feet, and a long chord which bears North 44' 20' 52" West a distance of
2g.32feet;thence North 89. 24'i4" West paratlel with the north boundary of said Lot24 a distance of 590.24 feet to
a point on the west boundary of said totiq; thence North 00' 46' 40" East along said west boundary a distance of
8.00 feet to the POINT OF BEGINNING.
EXIST|NG RTGHTOF-WAY - A portion of the NW % of Section 33, Township 4 North, Range 3 West of the Boise
Meridian, Canyon County, ldaho and is more particularly described as follows:
Beginning at the northwest corner of the NE %NW %; thence South 89025'50" East along the north boundary of said
f.f g Z ruW % a distance of 347.35 feet; thence South 0034'10" West a distance of 25.00 feet; thence North 89o25'50"
West parallel w1h said north boundary of the NE % NW % a distance of 347.41 feet to a point on the west boundary
of said NE % NW yoi lhence South 0o43'11" West along said west boundary of the NE % NW % a distance ot 327.59
ieet tnence North 76o07'1 1' West a distance ot 26.47 feet; thence North 0043'1 1" East parallel with the east boundary
of the NW % NW % a distance of 318.84 feet; thence North 89024'54" West parallel with the north boundary of the
NW % NW % a distance of 610.24 feet; thence North 0046'40" East a distance of 25.01feet to a point on said north
boundary of the NW %NW %;thence South 89024'54" East along said north boundary of the NW % NW % a distance
of 635.21 feet to the TRUE POINT OF BEGINNING.
Gap parcel - A portion of the NW % of Section 33, Township 4 North, Range 3 West of the Boise Meridian, Canyon
County, ldaho and is more particularly described as follows:
Commencing at the northwest corner of the NE %NW %; thence South 0043'11" West along the westerly boundary o{
said NE Z f.lW % a distance of 435.50 feet; thence South 89016'48" East a distance of 210.00 feet to the TRUE
POINT OF BEGINNING; thence North 20008'29" East a distance of 58.62 feet; thence North 8o10'23" East a distance
of g2.40 feet; thence North 16027'35" East a distance of 78.46 feet; thence North 28006'50" East a distance oI 131 .17
feet; thence South 21o50'West a distance of 193.26 feet; thence South 6020' East a distance of 150'00 feet; thence
South 81047'19" West a distance of 62.68 feet to the TRUE POINT OF BEGINNING.
CoMPREHENSIVE PLAN DESIGNATION: Low Density Residential
COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST:
Propertv The five checklist criteria set forth by the Attorney General in the "ldahoRiohts:
Regulatory Trakings Act Guidelines" were reviewed by plan
answered in the affirmative.
ning staff. None of the criteria were
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School Facilities and Transportation: The Vallivue School District was notified of the request
@hearing noticeon March 15,2002'
Land Use: Area of City lmpact - The site is tocated in Canyon Coynty within the Area of City
rmpactanozonedn-1singlefamilyresidential'CanyonCountyDevelopm-entServiceswas
notified of the request throuln mailing of the public healing notice on March 15,2002'
Public services. Utilities and Facilities: The Engineering Department will be solicited for
comment.
Transportation: Two of the six properties front
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on. Linden Avenue, which is functionally
classified as a minor arterial. Marshalli a local road, bisects the land. All of the properties will
front on Marshall, therefore any drive entrances on Linden should be closed off. The applicant
should dedicate sutficient rignt-of-way on Marshall for local road purpose' The applicant
entertains installing a partial'cul-de-sic at the end of Marshall to accommodate emergency
service. All property in.rroing those fronting on the cul-de-sac need to have a minimum sixty
feet (60) of froniage to meet iingle-family residential zoning requirements'
Fire protection: The CFD has no objection.
TESTIMONY BEFORE THE HEARING EXAMINER APRIL 4,2002
Steve Hasson, Community Development Director, presented the staff report and outlined the
facts as stated.
Sallie Bradshaw, Applicant, stated that she had reviewed the staff report and was in agreement
with the stated conditions. Ms. Bradshaw said that the land splits had been granted through
canyon county and this annexation request was so.lely for the purpose of.acquiring city water'
She reported that some of the permits had been pulled with the City and then applied for
through Canyon County. She said construction has already begun on those lots'
Ron Rainey testified as neutral. Mr. Rainey reported that the Marshall Avenue right-of-way had
been abandoned in 1901 and there is no dedicated right-of-way across his property' He
il;ffi;iiin" fong-t"nt" plan of the City was to eit919 Marshall Avenue, if the annexation
was granted, and noiing tfiat this roadway would extend through his property' His property is
located immediately no",tn of the Bradshaw Palleria property and west of the.City limits' He
stated that he *". bppo.ed to any roads being extended through his property and expressed
concern regarding the small size of the lots, which would abut his property'
Ben Weymouth, Assistant City Engineer, at request of the Hearing Examiner addressed the
Marshall Street rignt-ot-way issue.- Mr. Weymouth reported that the Rainey property does not
have Marshall Street right-of-way fronting h-is property. He continued by stating that the
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developments direcily south of his prop"iy "r" Oritt to tne centerline of Marshall extended,
however, this would not effect Mr. Rainey's property'
ln rebuttal, Ms. Bradshaw stated that the street is not close to Mr. Rainey's property' she
reported that only one lot abuts his property which would be on the north side ' This lot size is
8d'x 160'which is over one-quarter of an acre in size'
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IV
Testimony closed
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APPLICABLE LEGAL STANDARDS
City of Caldwell Zoning Ordinance No. 1451, as amended
Ci[ of Caldwell Comprehensive Plan, as amended
City of Caldwell Subdivision Ordinance No. 1758, as amended
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ldaho Code, fitfe fCnapter 65, Local Planning Act
ldaho Code, Title 50, Chapter 2, Section SO''aZiX/lunicipal Corporations, regarding annexation
GoMPREHENSIVE PLAN ANALYSIS - Mr. Mapp accepted the comprehensive Plan analysis
GOAL: To ensure that land Use policies, restrictions, conditions and fees do not violate property
rights, adversely impact property values or create unnecessary technical limitations on the use
as stated:
Propertv Riqhts
of the propertY
OBJECTIVE B To identify potential takings of private property prior to a regulatory or
administrative action on specific property
pollcy 1: Require staff to follow the Attorney General's.checklist criteria outlined in the ldaho
Regulatory Takings ACt crio"tines prioi to ,ny ptoposed regulatory or administrative action on
specific property, "nJio
iequest fegaf couniefs''e'iew if an-y one of the criteria is answered in
School Facilities and Transportation -
GOAL: To provide the on-going opportunity for school representatives of caldwell and Vallivue
school Distiicts to participaie in the community planning process.
poLlcy 1: lnclude the school districts in the review process when considering land-use
proposals. nt a minimum, notice of tne nearing for each proposal should be provided to the
districts and any additional information that the districts might subsequently request'
Land Use -
GOAL: To establish land-use management policies that protegt property rights and the
environment, maintain a high quality oiTii", pro,id" adequate iand for all types of development
and adequately buffer non-compatible uses'
OBJECTIVES APPLICABLE TO ALL LAND USES:
the affirmative.
OBJECTIVE C:
available.
To promote growth in areas where public facilities and services are readily
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AREA OF CITY IMPACT
oBJEclvE A: To encourage development as a natural outward progression of the City's
coiporate boundaries and within areas ihat "rn be immediately annexed'
poLlcY 5: Encourage growth to occur primarily as. a. contiguous outward expansion from the
City,s corporate Ooun-Oaiies. Discourage "hopscotch" development'
HEARTNG EXAMINER'S FINDINGS OF FACT
Mr. Mapp accepted the general facts outlined in the staff report as well ": JhP testimony by staff'
the Applicant and Mr. Rainey. He atso accepted the fact that this parcel is in the city's Area of
lmpactand adjacent to the Caldwell City limits'
HEARING EXAMINER'S CONCLUSIONS OF LAWvil
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FUEL]C HE,AF,lli G CO:lrt$llEliT SHEET
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Check the appropriate line:
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Written comments may be attached to this form or you may write them in below.
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FUELIC HEA.i.ll\i G COtri$JEliT SIiEET
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Written comments may be attached to this form or you may write them in below
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